Immediately after the November 2012 election, this blog and the written newsletter both said that the Wisconsin Libertarian Party had re-gained qualified party status in Wisconsin. In the November 2012 election, the Libertarian Party polled 2.07% for U.S. Senator. Generally, in Wisconsin, whenever a group polls 1% for any statewide race, it retains or gains qualified status.

Unfortunately for the Libertarian Party, the law is worded in such a way as to exclude U.S. Senate for the vote test, if the U.S. Senate election was in a presidential election year. Whereas U.S. Senate, and all statewide posts, count in midterm years, in presidential years only the presidential vote counts.

Because the Constitution Party polled 1.08% for U.S. Senate in 2010, it was on the ballot automatically in 2012 and it continues to be on in 2014. Yet, although the Libertarian Party polled double that percentage for the same office, but in a more recent year (2012), it is not ballot-qualified. The law, section 5.62(b), says, “Every recognized political party listed on the official ballot at the last gubernatorial election whose candidate for any statewide office received at least 1% of the total votes cast for that office, and, if the last general election was also a presidential election, every recognized political party listed on the ballot at that election whose candidate for president received at least 1% of the total vote cast for that office” is recognized. The law also says that newly-qualifying parties can qualify the same way.

The Wisconsin Libertarian Party can recover its qualified status in 2014 if it runs a candidate for statewide office who polls 1%. The party would use the independent candidate procedure for such candidates, but they would have the “Libertarian” label on the ballot if the candidates desire that label.